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CONTRACT OF CASUAL EMPLOYMENT - Format

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CONTRACT OF CASUAL EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

       This Contract of Causal Employment is made and entered into this ___ day of
____________, by and between:

SUNWEST CARE FOUNDATION, INC., a non-stock corporation entity duly


organized and existing under the laws of the Philippines, with principal office
address at 2nd Floor, Building 9, Embarcadero de Legaspi, Port Area, Victory
Village, Legazpi City, herein represented by its Executive Director, GEMINA O.
QUIROS, of legal age, married, Filipino citizen, herein referred to as the
“EMPLOYER”;

-and-

__________________________, of legal age, single, Filipino citizen with residence


and postal address at __________________________, herein referred to as the
“EMPLOYEE”;

who shall collectively be known herein as the PARTIES.

WITNESSETH: That

The EMPLOYER and the EMPLOYEE, in consideration of the mutual agreements made
herein, by one to another, by these presents enter into a Casual Employment Contract, whereby
EMPLOYER hires the EMPLOYEE on the following terms and conditions, to wit:

A. Employment Status. The EMPLOYEE is hired as a Casual Employee for the position of
Scholarship Coordinator/ Community Relations Officer assigned to carry out the specific work,
the scope and duration of which are described in the succeeding paragraph;

B. Training Period. The EMPLOYEE recognizes that the nature of work required of her
entails strict confidence, administrative work and expertise and as such she agrees to undergo a
training period of ________ (______) month from signing of this contract during which the
EMPLOYER determines her qualification for casual employee. Failure of the EMPLOYEE to
qualify within the period stated herein based on the standards made known to her by the
EMPLOYER shall terminate this Contract upon written notice given by EMPLOYER. For this
purpose, EMPLOYEE acknowledges that the EMPLOYER’s standards for qualification have
been made known to her at the time of her engagement.

C. Scope and Duration of Employment. The EMPLOYEE shall be hired to perform her
functions and responsibilities as a _____________________ for a period of _______ (_______)
months from ___________ to _____________. The EMPLOYEE shall be evaluated of her
performance and result will be the basis for her employment extension;

D. Incidental Work. It is understood that EMPLOYEE is hired in a casual employment


basis, hence, she is engaged to perform work or activities which are not usually necessary or
desirable in the usual trade or business of the EMPLOYER. She is engaged to perform work
which is merely incidental to the business of the EMPLOYER and for a definite period of time
made known to her at the time of her engagement.

E. Compensation. The EMPLOYEE shall receive a monthly basic salary of


______________________ PESOS (PhP___________) to be paid twice a month at intervals not
exceeding sixteen (16) days;

CONTRACT OF CASUAL EMPLOYMENT – SCFI and _______________ Page 1 of 3


F. Deductions from Compensation. The EMPLOYEE shall allow the EMPLOYER to
deduct once a month from the monthly salary, for his own benefit, payments to the Social
Security System (SSS), Philippine Health Insurance (PhilHealth), Pag-Ibig contributions, the
Income Tax withheld, and other government mandated deductions which shall be borne by
EMPLOYEE.

G. Work Schedule. The EMPLOYEE shall have a regular work schedule of six (6) days a
week from Monday to Saturday. The working day shall start from eight o’clock in the morning
(8:00 a.m.) and shall end at seven o’clock in the afternoon (7:00 p.m.) every Monday and eight
o’clock in the morning (8:00 a.m.) to six thirty o’clock in the afternoon (6:30 p.m.) evert Tuesday
to Friday. Should the EMPLOYER require work beyond the regular work schedule, the
EMPLOYEE shall perform the work and shall be entitled to a commensurate amount for the
additional work performed;

F. Rest Periods. The EMPLOYEE shall be entitled to a daily time-off for his regular meals
not exceeding sixty (60) minutes. She shall likewise be entitled to short coffee breaks of not
exceeding fifteen (15) minutes in the morning and in the afternoon, subject to reasonable
standards as the EMPLOYER may impose;

G. Confidentiality. The EMPLOYEE shall not at any time or in any manner, either directly
or indirectly, divulge, disclose, or communicate to any person, firm or corporation in any
manner whatsoever any confidential information concerning any matters affecting or relating to
the business of EMPLOYER. The PARTIES hereto agree that as between them, important,
material, and confidential shall mean that which will affect the effective and successful conduct
of the business of EMPLOYER and its goodwill.

H. Compliance with Company Handbook. The EMPLOYEE has been made aware,
understands and accepts all the policies, rules and regulations, guidelines enforced by the
EMPLOYER in the Company Employees’ Handbook. The EMPLOYEE obligates himself to
strictly observe all policies, rules, and guidelines stated therein. EMPLOYEE understands that
any violation thereof may be a basis of disciplinary action;

I. Entitlement to Benefits. The EMPLOYEE shall be entitled to all benefits accorded to


casual employees under the Labor Code of the Philippines and the Company Employees’
Handbook;

Notwithstanding incidents when the EMPLOYER grants benefits, bonuses or


allowances to the EMPLOYEE other than those defined in this contract, such incidents are not
to be considered as an established practice or precedent and shall not form part of the benefits,
bonuses, allowances due and demandable under this contract.

J. Expenses. The EMPLOYEE shall be entitled to reimbursement by the EMPLOYER for


all reasonable direct, out-of-pocket business expenses incurred in connection with his/her
employment (including, but not limited to, expenses for travel incurred in conducting or
promoting business of the EMPLOYER) upon timely submission of receipts and other
documentation as may be required by the normal expense reimbursement policies of the
EMPLOYER.

K. Lateral Transfer. As a management prerogative, the EMPLOYER may transfer or assign


the EMPLOYEE to its affiliate, subsidiary, or sister company where he/she can be most useful
in pursuance of its legitimate business interest. Otherwise, in case of unavailability of work or
other causes of work stoppage, the EMPLOYEE shall be considered on leave of absence without
pay pursuant to the “No Work, No Pay” policy under the Labor Code.

L. Termination of Employment. As a Casual Based EMPLOYEE, she shall be terminated


upon the period agreed in this Contract and for any authorized or just cause under the Labor
Code of the Philippines. Gross violation of the provisions of the Company Employees’
Handbook shall likewise be a ground for termination. The proper procedure for termination
shall be governed by the Labor Code and the Company Employees’ Handbook;

CONTRACT OF CASUAL EMPLOYMENT – SCFI and _______________ Page 2 of 3


The EMPLOYEE may terminate her services or employment with the EMPLOYER on
written notice to the EMPLOYER furnished at least thirty (30) days prior to the desired date of
termination.

Upon termination of employment for any cause, the EMPLOYEE shall immediately
turn-over and deliver to the EMPLOYER any funds, documents, or other property of which
he/she may have custody or possession by reason of her position.

M. Non−Assignability by Employee. This is a personal service contract which must be


performed by the EMPLOYEE and, as such, performance hereof may not be assigned or
subcontracted without the express written consent of EMPLOYER;

N. Exhaustion of Remedies. The PARTIES herein agree that they cannot institute any
action for the enforcement of the provisions of this Contract or for damages for breach thereof,
unless all available administrative remedies between the Parties have been exhausted;

O. Change of Agreement. This Contract may be modified or amended through an


addendum or appendix which shall become an integral part of this Contract provided the
PARTIES have been made aware of and agreed to the terms therein. Said addendum or
appendix shall not be binding unless dated and signed by both PARTIES.

P. Severability. In the event any provision of this Contract is deemed to be void, invalid, or
unenforceable, that provision shall be severed from the remainder of this Contract so as not to
cause the invalidity or unenforceability of the remainder of this Contract.

Q. Translation. The EMPLOYER caused the reading and translation of this Contract in a
language known to the EMPLOYEE and the latter has understood and expressed his
unconditional acceptance over the same.

IN WITNESS WHEREOF, We have affixed our signature this ____ day of ________,
2021 in _____________.

FOR:

SUNWEST CARE FOUNDATION, INC.

GEMINA O. QUIROS _________________________


Executive Director Employee

SIGNED IN THE PRESENCE OF:

__________________________ _________________________

CONTRACT OF CASUAL EMPLOYMENT – SCFI and _______________ Page 3 of 3


Republic of the Philippines)
________________________) S.S.

ACKNOWLEDGEMENT

BEFORE ME, this ____ day of _____________, 20____, at the ______________________,


Philippines, personally appeared:

NAME VALID DATE/PLACE VALID UNTIL


IDENTIFICATION ISSUED
1.
Gemina O. Quiros
2.
1.
2.

all are known to me and to me known to be the same parties who have executed this foregoing
Agreement, consisting of _____ (__) pages including this Acknowledgement where it is written
and signed by the parties and their instrumental witnesses on the left-hand margin on each
page and further acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL, on the date and place above-written.

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of ______.

CONTRACT OF CASUAL EMPLOYMENT – SCFI and _______________ Page 4 of 3

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